The administration of President of the United States, Donald Trump, has asked the Supreme Court to urgently overturn the court order that blocks the construction of a new section of the border wall in the area of Big Bend National Park, in Texas. The Department of Justice, through the Attorney General, John Sauer, has filed an appeal that Europa Press has accessed, in which it accuses the federal district court of issuing a "baseless," "illegal and unprecedented" ruling that invades the powers of the Executive in matters of national security.
The litigation revolves around three waivers approved this year by the heads of Homeland Security, the first by Kristi Noem and the two subsequent ones by the current head, Markwayne Mullin. These waivers allow for the sidelining of various environmental and historical protection regulations -- such as the Endangered Species Act or the National Historic Preservation Act -- to expedite the construction of more than 300 miles (almost 500 kilometers) of physical barriers and roads in the Texas sector of Big Bend. Although the administration has insisted that it does not plan to build a tall wall within the National Park, it does maintain its border infrastructure projects in other areas of the region.
On October 2, however, a federal court in Texas ordered the halt of the works following a complaint filed by environmental organizations, an association that protects a historic church in Ruidosa, and local businesses dedicated to river tourism. The judge decided to stop the use of heavy machinery considering that the Trump administration lacked a "clear authorization from Congress" to apply those environmental waivers in that specific section, arguing that the levels of irregular immigration in Big Bend are relatively lower than in other sectors of the southern border.
In its appeal to the Supreme Court, the Trump administration describes the ruling as "frivolous" and argues that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) grants the Secretary of Homeland Security "exclusive" discretionary authority to waive legal requirements that hinder the rapid construction of the wall. "Only this district court has deemed it appropriate to stomp on the clear authorization of Congress (...) through the judicial usurpation of the orders," the document states.
The White House defends that Big Bend is "a high illegal entry zone"
The Administration argues that Big Bend --which comprises almost a quarter of the entire land border between the United States and Mexico-- undoubtedly constitutes a "high illegal entry area." According to data from the Customs and Border Protection (CBP), between 2021 and 2025, more than 89,000 detentions of undocumented migrants were recorded in this sector. In the same period, more than 87,000 pounds (39,400 kilos) of marijuana, 867 pounds (393 kilos) of cocaine, 1,156 pounds (524 kilos) of methamphetamine, and 94 pounds (42 kilos) of fentanyl were seized.
The Executive warns that keeping the construction of the wall in Big Bend halted would open a large gap in the border control device, which would turn the region into a "magnet" for drug and human trafficking directed by the Sinaloa and Juárez cartels, based on the other side of the Rio Grande. Furthermore, the Government emphasizes that the suspension of the work is generating a daily cost to the public treasury of about $460,000 (a little over €400,000) for the inactive maintenance of machinery and field facilities.
Consequently, the Attorney General has requested the Supreme Court --with a conservative majority-- to not only lift the precautionary measure issued by the Texas judge while the substance of the case is resolved but also to resort to a procedure that allows the ruling to be annulled summarily and without new hearings. "The errors are so evident that this Court can correct them quickly regarding the substance, without the need for further pleadings or oral arguments," concludes the appeal.